1 | 1 | | 81R1559 PEP-D |
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2 | 2 | | By: Thompson H.B. No. 2596 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to allowing a person who successfully completes a term of |
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8 | 8 | | deferred adjudication community supervision to be eligible for a |
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9 | 9 | | pardon. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Article 48.01, Code of Criminal Procedure, is |
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12 | 12 | | amended to read as follows: |
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13 | 13 | | Art. 48.01. GOVERNOR MAY PARDON. In all criminal cases, |
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14 | 14 | | except treason and impeachment, the Governor shall have power, |
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15 | 15 | | after conviction or successful completion of a term of deferred |
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16 | 16 | | adjudication community supervision, on the written signed |
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17 | 17 | | recommendation and advice of the Board of Pardons and Paroles, or a |
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18 | 18 | | majority thereof, to grant reprieves and commutations of |
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19 | 19 | | punishments and pardons; and upon the written recommendation and |
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20 | 20 | | advice of a majority of the Board of Pardons and Paroles, he shall |
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21 | 21 | | have the power to remit fines and forfeitures. The Governor shall |
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22 | 22 | | have the power to grant one reprieve in any capital case for a |
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23 | 23 | | period not to exceed 30 days; and he shall have power to revoke |
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24 | 24 | | conditional pardons. With the advice and consent of the |
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25 | 25 | | Legislature, the Governor may grant reprieves, commutations of |
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26 | 26 | | punishment and pardons in cases of treason. |
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27 | 27 | | SECTION 2. This Act takes effect September 1, 2009, but only |
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28 | 28 | | if the constitutional amendment proposed by the 81st Legislature, |
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29 | 29 | | Regular Session, 2009, authorizing the governor to grant a pardon |
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30 | 30 | | to a person who successfully completes a term of deferred |
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31 | 31 | | adjudication community supervision is approved by the voters. If |
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32 | 32 | | that amendment is not approved by the voters, this Act has no |
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33 | 33 | | effect. |
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